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HomeMy WebLinkAboutMinutes-12-14-76-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 14, 1976 TABLE OF M I N U T E ACTIONS SUBJECT: ACTION• PAGE NO. Certificates of Cerritos College Community Services Training Course to employees 1 Flag Day Celebration - Request for advance Mr. Oberndorf to discuss from City with City Manager 1 Resolution #3356, Ordering Annex. to City Ltg. Dist. (Annex. 76/39-41 & 76/44-52) Adopted 2 Resolution #3355, Auth. Housing Authority of County to Operate Housing Assistance Program in Downey & Apprv. Appl. of Provisions of Section 8, Title II, Housing & Comm. Dev. Act of 1974, as amended, to City of Downey Adopted 2 Downey Police Officers Association - No petition presented; No Presentation of Petition Council action 2 Petition supporting Downey Police Department Salaries - Presented by Mrs. Tetzlaff 2 Minutes: Special called Joint Meeting with Planning Comm.; November 10, 1976; Public Hearing, Comp. Zoning Ord., November 10, 1976; Regular Meeting, November 23, 1976 Approved 2 Agenda Correspondence Items Filed 2 CC #402, Grading - Independence Park: Acceptance of improvements Approved 2 General Warrants: #148996-149312; #203006-203046 Approved 2 Resolution #3357, re Traffic Safety Adopted 3 NE Corner Stewart & Gray Rd. & Rives Ave., Vacation 120: Auth, exec. of Quitclaim Deed in favor of County Flood Control Dist. Approved 3 Ordinance #518, Amending Sec. 3142 DMC re Bicycle Riding Adopted 3 Ordinance #519, Auth. Adoption of Rules & Regs. re Conduct of Council Meetings Adopted 3 Ordinance #520, Amending DMC & Adopting by Ref. 1975 National Electric Code Adopted 3,, Resolution #3358, Adopting Express Findings re Modification of 1975 National Electric Code Adopted 4 Resolution #3359, Adopting Regulations Governing Tape Recordings of Council Meetings &.Rescinding Res. #3087 Adopted 4 Resolution Updating Fees & Service Charges & Rescinding Res. #3117 Taken under submission 4 Resolution #3360, Protesting Practice of DMV of Selling Names & Addresses of Citizens upon request to any individual or company & urging Repeal of Law Adopted 4 Resolution #3361, Changing Drug Diversion Counselor to Human Services Advisor Adopted 5 Resolution Amending Personnel Manual to Provide Worker's Compensation for Volunteers Taken under submission 6 Page 1 of 3 COUNCIL MINUTES, DECEMBER 14, 1976 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: PAGE NO. Resolution #3362, Amending Personnel Manual re Emergency Compensation Adopted 6 Resolution #3363, Amending Personnel Manual to Provide for Substitute Appointments Adopted 6 Cash Contract #SS-321, Wheelchair Ramps, Various Locations - Award to Damon Const. Co. & waive Bid Bond irregularity Approved 6 Cash Contract #394, Misc. Repair & Gutter Const. - Award to Dyno Const. Co. & waive Bid Bond irregularity Approved 6 Cash Contract #396, Block Wall, Independence Park - Award to Granstrom Fence Const. Approved 6 Cash Contract #403, Drainage Facilities, Glencli£f/Dos Rios - Award to Damon Const. Co., waive Bid Bond irregularity, auth. transfer of funds Approved 7 Cash Contract #371, Unit II, Gutter Const. - Acceptance of improvements; extra work; & assess contractor charges for work performed by City Approved 7 City -Wide Bikeway Program - Requested wording changes to Staff Bikeways Report & Bikeway Report & Plan of Proposed Bikeway Imprvmts.for City of Downey Approved 7 City -Wide Bikeway Program - Auth. supplemental appropriation for SB-821 Bicycle & Pedestrian Facility Claims, File #1708 Approved 7 Misc. Proj. #144, Placement of Apollo Command & Service Module at Apollo Park - Allocation of $2500 for const. of walkways & footings Approved 7 Sidewalk Policy Taken under submission 7 Operation of Tennis Pro Shop & Concession at Independence Park - Advertise for proposals Authorized 7 Increased Green Fees at Rio Hondo Golf Course effective 1/1/77; use of funds to be considered during budget time Approved 8 Reciprocal Use of Facilities Agreement Withdrawn from Agenda 8 Request for Tennis Lesson Rate Increase by Operator of Downey Independence Park Tennis Center Approved 8 Downey Christmas Parade - Additional $1,000 for 1976 Parade Approved 8 Reappoint Thomas H. Morton to SE Mosquito Abatement Dist. 2-yrs. effective 1/2/77 Approved 8 SE Juvenile Corridor Agmt. Withdrawn from Agenda 8 Bronze Dedication Plaque for Furman Park - Transfer of funds Approved 8 County Service District Application Approved 9 Parking Lot #13 - Purchase subject to agmt. bet. parties Approved 9 Page 2 of 3 COUNCIL MINUSES, DECEMBER 14, 1976 TABLE OF MINUTE ACTIONS SUBJECT: Acquisition of Park & So. Calif. Water Companies SE Area Animal Control Authority - Appoint On. Jennings as representative & On. Greene as alternate Req. for appropriation for Council tape recorder Meeting recessed to 5:00 pm, 12/22/76 re Acquisition Agmt. for Water Systems ACTION: Scheduled for consideration 12/22/76 Approved PAGE NO. 10 10 10 10 Page 3 of 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 14, 1976 The City Council of the City of Downey held a regular meeting at 7:30 p.m., December 14, 1976, in the Council Chambers of the Downey City Hall, Mayor Hazel N. Scotto presiding, PRESENT: Council Members: William L. Greene Richard M. Jennings, Mayor Pro Tem Kenneth J. Miller Theodore H. Jackman Hazel N. Scotto, Mayor ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Director of Finance John T. Neavill Director of Parks and Recreation Loren D. Morgan, Police Chief William A. Goggin, City Planner Ray T. Lake, Building Official Harald J. Henriksen, City Engineer G. Don Davis, Battalion Chief Robert Coates, Superintendent, Water Division Robert L. Shand, City Clerk -Treasurer The Invocation was delivered by Reverend Donald Kanaley, First Baptist Church of Downey, followed by the Flab Salute led by Councilman Jackman. Mr. Thompson announced five City employees have completed the Cerritos College Com- munity Services Training Course. He assisted Mayor Scotto in presenting certificates to the following employees: Stacy Price, Senior License Clerk; Roger Senstad, Junior Build- ing Inspector; and Jeff Salisbury, Fireman. Susan Lippert and J. D. Hughes were not present. Mr. Henry Oberndorf, 9731 E. Imperial Highway, commented on some of the details for the Flag Day Celebration to be held June 11, 1977, and noted the action of the steering committee to print a program for the occasion, with advertisements being sold in the pro- gram to offset the costs involved. He mentioned the profits derived would depend on the number of programs printed, with the distribution of any profits yet to be decided. Mr. Oberndorf requested the City Attorney°s opinion regarding the policy for liability insur- ance to cover the rental of a "show mobile" from the City of Placentia. He requested permission for the City to mail 75 invitations to various organizations announcing a meeting to be held January 12, 1977, with the money being paid back to the City from col- lections of revenue. Responding to questions, Mr. Oberndorf stated the sponsor of the program is the City of Downey Community Flag Day Committee; the Elks Club conducts the flag ceremony. Mayor Scotto noted the City Council has not approved of this program as a City function. Mr. Oberndorf requested the sum of approximately $150-$200 in advance from the City for the Flag Day Ceremony which, he said, will be paid back. Mayor Scotto asked Mr. Oberndorf to see the Assistant City Manager to discuss details of the program. Mayor Scotto declared that this is the time and place for the public hearing on Downey City Lighting District Annexation 76/39 through 76/41 and 76/44 through 76/52. She inquired if the City Clerk had the Affidavits of Posting and Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to receive and file the Affidavits. Mayor Scotto inquired if the City Clerk had received any written protests or objec- tions, and the City Clerk replied he had not. Mayor Scotto inquired if there was anyone present who wished to speak in protest to the Annexation. There was no response. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to close the hearing. Council Minutes 12/14/76 -1- .. a3` S9 RESOLUTION NO. 3356 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF CERTAIN AREAS TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS UNTIL JANUARY 31, 1983 (ANNEXATIONS 76/39 thru 76/41 and 76/44 thru 76/52) The Resolution was read by title only. It was moved by Councilman Jennings, sec- onded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No. 3356. Section 8 Rental Assistance Program Mr. Robert Rusk, 8721 Imperial Highway, appealed to the Council to reconsider this matter. He said the program is Federally funded housing assistance for senior citizens and disabled people, and he is disabled. Mr. Rusk stated the amount the participant would pay for rent, and he noted he has applied and been accepted for the program. He named the cities which have approved the program, and again urged the Council's consideration. Councilman Jennings pointed out that the program is not only for senior citizens but is for anyone on a low or moderate income. It was moved by Councilman Jennings and seconded by Mayor Scotto to adopt the Section 8 Rental Assistance Program as presented by the City Manager. RESOLUTION NO. 3355 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES TO OPERATE ITS HOUSING ASSISTANCE PAYMENT PROGRAM IN THE CITY OF DOWNEY AND APPROVING APPLICATION OF THE PROVISIONS OF SECTION 8 OF TITLE II, HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, TO THE CITY OF DOWNEY The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote to adopt Resolution No. 3355. AYES: 3 Council Members: Jennings, Jackman, Scotto NOES: 2 Council Members: Greene, Miller Downey Police Officers Association - Presentation of Petition No petition presented.No Council action taken. Petition Supporting Downey Police Department Salaries Mrs. Ted Tetzlaff, 10406 Gaybrook Avenue, commented on citizen concerns regarding the Police Department's request for higher wages. She presented petitions containing 3458 signatures and urged the Council to consider the January 1, 1977, request of the Police Department for another three percent increase. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to approve the Consent Calendar as presented: ailed Joint Meeting with P prehensive Zoning Ordinanc November 23. 1976. Correspondence from Patricia L. Aguirre regarding Sidewalk construction on Gardendale Street. Correspondence from Sister Cities International regarding Membership in SCI. Cash Contract No. 402, Grading - Independence Park: Accept improvements completed and responsibility for maintenance thereof. General Warrants: #148996 - 149312• #203006 - 203046: $786,252.16. Council Minutes 12/14/76 -2- Consent Calendar (Cont°d.) RESOLUTION NO. 3357 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RELATIVE TO TRAFFIC SAFETY t corner of Stewart and Gray Road and Rives Avenue Vacation 120: Authorize n of a Quitclaim Deed in favor of Los Angeles County Flood Control District. ORDINANCE NO. 518 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3142 OF THE DOWNEY MUNICIPAL CODE WHICH SECTION RELATES TO BICYCLE RIDING The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote to adopt Ordinance No. 518. AYES: 3 Council Members: Jennings, Jackman, Scotto NOES: 2 Council Members: Greene, Miller ORDINANCE NO. 519 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE ADOPTION OF RULES AND REGULATIONS RELATIVE TO THE CONDUCT OF COUNCIL MEETINGS The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to adopt Ordinance No. 519, Mr. Bruce Watson, 9220 Stewart and Gray Road, Downey, inquired regarding the intent of the Ordinance. Mr. Sorensen explained the Charter provides the Council may authorize the adoption of rules and regulations, and at a later date, if it so desires, the Council may adopt those rules and regulations by Resolution. Mr. Watson commented on a prior action of the City Council prohibiting speakers at a study session. Mr. Sorensen advised that at the time of the prior motion it was his decision the Council had the authority to control input at a study session, and he still abides by that decision. Mr. Watson indicated citizens should not be prohibited from speaking at study sessions. The purpose of the Ordinance, Councilman Miller mentioned, is to permit the Council to adopt rules and regulations conducive to a smooth operating Council and be able to treat people equitably. Mayor Scotto asked Mr. Watson to submit in writing any thoughts he might have on the conduct or format of Council Meetings. Roll call vote: AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto ORDINANCE NO. 520 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 8400, 8404, 8408, 8412, 8413, 8417, 8419, 8420, 8421, 8423, 8424, 8425, 8426, 8427, 8428, 8429, 8430, 8431, 8432 AND 8433 OF THE DOWNEY MUNICIPAL CODE, AND ADOPTING BY REFERENCE THE 1975 NATIONAL ELECTRIC CODE The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further .reading. It was moved by Councilman Jennings and seconded by Council Jackman to adopt Ordi- nance No. 520. Council Minutes 12/14/76 -3- It-4 GO Mr. Sorensen advised the Resolution adopting express findings must be adopted prior to the Ordinance. RESOLUTION NO. 3358 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING EXPRESS FINDINGS REGARDING MODIFICATION OF THE 1975 NATIONAL ELECTRIC CODE The Resolution was read by title only. It was moved by Councilman Greene, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Greene, seconded by Mayor Scotto, and passed by unani- mous vote to adopt Resolution No. 3358. Ordinance No. 520 was then adopted by unanimous vote of the City Council. RESOLUTION NO. 3359 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING REGULATIONS GOVERNING TAPE RECORDINGS OF COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 3087 The Resolution was read by title only. It was moved by Councilman Jennings, sec- onded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No. 3359. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY UPDATING FEES AND SERVICE CHARGES AND RESCINDING RESOLUTION NO. 3117 The Resolution was read by title only. It was moved by Councilman Jennings, sec- onded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings and seconded by Councilman Jackman to adopt the Resolution. Commenting on the proposed cost for Xerox copies of documents, Mayor Scotto indica- ted she feels the cost should be 10c a copy. She stated people should not be discouraged from obtaining copies of documents from the City. Councilman Miller inquired if a five -page document is considered to be one copy. Mr. Sorensen replied that the first page of the document would be $1.00. It was moved by Mayor Scotto to amend the Resolution to read. "Xerox copies of document, 10c per page". Motion died for lack of a second. Mr. Sorensen suggested that under Xerox copies of documents the word "copy" be changed to "page". Councilman Miller inquired regarding the charge=!for microfilm copies. Councilman Jennings suggested taking the Resolution under submission. Responding to Councilman Millers question regarding photocopies of permits, Mr. Sorensen indicated there is only one permit per copy, and one copy is $2.00. The Resolution was taken under submission. RESOLUTION NO. 3360 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROTESTING THE PRACTICE OF THE DEPARTMENT OF MOTOR VEHICLES OF SELLING THE NAMES AND ADDRESSES OF CITIZENS UPON REQUEST TO ANY INDIVIDUAL OR COMPANY SO REQUESTING AND URGING REPEAL OF THE LAW AUTHORIZING THIS PRACTICE The Resolution was read by title only. It was moved by Councilman Jennings, sec- onded by Mayor Scotto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3360. Council Minutes 12/14/76 -4- 602 Councilman Jennings asked if any investigation has been made regarding the revenue derived from this practice, and Mr. Thompson replied no. Councilman Jennings then sug- gested the Resolution be removed from the Agenda. Mayor Scotto asked if there were any other Council Members in favor of removing the Resolution from the Agenda, and there was no response, Roll Call Vote: AYES: 4 Council Members: Greene, Miller, Jackman, Scotto NOES: 1 Council Member: Jennings RESOLUTION NO. 3361 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CHANGING DRUG DIVERSION COUNSELOR TO HUMAN SERVICES ADVISOR The Resolution was read by title only. It was moved by Councilman Jennings, sec- onded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote to adopt Resolution No. 3361, Councilman Jennings stated if the City does not need a full-time Drug Diversion Counselor, then the position should be deleted. Councilman Miller indicated it is his understanding this position is being taken out of the professional category because the counselor's knowledge is through experience. He said in Exhibit A, the words "client" or "clientele" should be changed to "persons". Citing the reasons for requesting the title change, Chief Morgan explained that Mr. Testi is not performing duties any differently now than he has during the last three years and it is requested the word "drug" be dropped from his title because of its conno- tation when many times the person he is dealing with does not have a drug related problem. Mr. Thompson mentioned the Resolution is only changing the title of the position and not the current class specifications. Following further discussion, Mayor Scotto called for the roll call vote. AYES: 4 Council Members: Greene, Miller, Jackman, Scotto NOES: 1 Council Member: Jennings RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE PERSONNEL MANUAL TO PROVIDE WORKER'S COMPENSATION COVERAGE FOR VOLUNTEERS The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings and seconded by Councilman Jackman to adopt the Resolution. Responding to questions, Mr. Sorensen explained the volunteers would be non -salaried employees, and they could be paid temporary disability of $35 a week, or $20 a week for permanent disability benefit, plus medical; however, it would take them out of the posi- tion of being able to sue the City for negligence. He indicated it is his understanding the City's insurance advisor has recommended this. Councilman Jackman expressed concernthat the City would have to pay for the loss of wages for any volunteer who is employed and injured while acting as a volunteer for the City. Discussion followed. Referring to the attached Administrative Regulation No. 3.2 under Policy, Council- man Jennings said if casual, intermittent, or unauthorized volunteers will not be per- mitted to work as volunteers on any City facility or project, then it would be illegal for any students or citizens to volunteer and work in the annual clean-up program. He indicated he does not favor prohibiting the use of casual or intermittent volunteers. Mr. Thompson explained the intent of casual and intermittent is to prohibit any person from walking onto a job and asking to help. Councilman Jennings raised other questions regarding the criteria for volunteer positions and insurance requirements. Council Minutes 12/14/76 -5- -3603 Referring to the recommendation and the groups listed as Advisory Boards to the City Council, Mayor Scotto questioned the identification of the Sister City Associa- tion, Rose Float Association, and Second Century Foundation as advisory groups. Mr. Sorensen stated there should be a method of identifying those groups and indi- viduals that would be covered under Workmen's Compensation. He said the resolution proposed authorizes the City Manager to designate persons to perform voluntary services and also covers by Workmen's Compensation the advisory groups, including others authori- zed by the City Manager. He pointed out this is a policy decision for the City Council. Councilman Jennings asked that Administrative Regulation for Volunteers, Item 3.2 under Policy, be rewritten to not exclude intermittent volunteers. Mr. Pete Clay, 12816 Adenmoor Avenue, past present of the Downey Yough Sister City Association, asked about the liability of host families for the visiting students from Guadalajara, or would this be the City's responsibility. Mayor Scotto replied the City would not be responsible or liable for the students while being hosted by families in the City. After further discussion, the Resolution was taken under submission. RESOLUTION NO. 3362 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE PERSONNEL MANUAL REGARDING EMERGENCY COMPENSATION The Resolution was react by title only. It was moved by Councilman Jennings, sec- onded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3362. Councilman Jennings suggested the substitute should have compensation for vacation relief the same as everyone else. Discussion followed. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto RESOLUTION NO. 3363 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE PERSONNEL MANUAL TO PROVIDE FOR SUBSTITUTE APPOINTMENTS The Resolution was read by title only. It was moved by Councilman Jennings, sec- onded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3363. Discussion ensued. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to award Cash Contract No. SS-321, Wheelchair Ramps, Various Loca- tions, in the amount of the unit prices bid, to Damon Construction Company of South Gate, the lowest and best bidder, and waive the irregularity in the Bid Bond. Councilman Jackman asked if a survey had been made on how much the ramps are used by wheelchairs. Mr. Spindel replied many of the ramps were by request of people who are in wheel- chairs, and staff met with representatives of Rancho Los Amigos and others in the City. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to award Cash Contract No. 394, Miscellaneous Repair and Gutter Construc- tion, in the amount of the unit prices bid, to Dyno Construction Company of West Covina, the loiiest and best bidder, and waive the Bid Bond irregularity. It was moved by Councilman Jennings to award Cash Contract No. 396, Block Wall, Independence Park, in the amount of the unit prices bid, to Granstrom Fence Construction of Gardena, the lowest and best bidder. Council Minutes 12/14/76 -6- 165 Responding to questions, Mr. Neavill commented on the chainlink fence and block wall to be installed on the perimeter of the park. He reviewed staff's contact and discussions with property owners on the south side of the park, with only one property owner definitely agreeing to share the cost for a block wall, while the others indicated they did not care but would just as soon have chainlink fence. However, he said, the property owner that has agreed to the block wall will not sign the permit to enter his property for construction of the chainlink fence because he insists on a block wall. Mr. Spindel pointed out that if the Council wanted to approve the contract with the change, staff will come back next Council meeting with a change order. Councilman Jackman seconded the motion which was passed by the following vote: Further discussion ensued. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto It was moved by Councilman Jennings, seconded by Councilman Miller, and passed by unanimous vote to award Cash Contract No. 403, Drainage Facilities, Glencliff/Dos Rios, in the amount of the unit prices bid, to Damon Construction Company of South Gate, the lowest and best bidder, waive the Bid Bond irregularity, and authorize the following transfer of funds. Amount From To $1,000 Account #40-1-3921 Account #40-1-3934 It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to accept the improvements completed in conjunction with Cash Contract No. 371 Unit II Gutter Construction; accept responsibility for maintenance thereof; approve extra work in the amount of $487,20; and assess the contractor charges in the amount of $103.70 for work performed by City forces. Mayor Scotto declared a recess at 10:00 p.m. The meeting resumed at 10:07 pome with all Council Members present. City -Wide Bikeway Program It was moved by Councilman Jennings, seconded by Mayor Scotto, and passed by unani- mous vote to approve the requested wording changes to the Staff Bikeways Report and approve the Bikeway Report and the Plan of Proposed Bikeway Improvements for the City of Downey. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to authorize supplemental appropriation for SB-821 Bicycle and Pedestrian Facility Claims - File No. 1708, from the Capital Projects Fund Balance (Fund 40)-in the amount of $9,034.05 to Account #40-1-3917 and in the amount of $10,000 to Account #40-1-3923; and this year's SCAG SB-821 appropriation of $16,959 to Account #40-1`m391.7. Miscellaneous Project No. 144, Placement of Apollo Command and Service Module at. Apollo Park Councilman Jennings suggested a Bicentennial plaque be prepared for this. Mr. Neavill explained it was felt staff could submit a design for the plaque after approval of the service module placement, inasmuch as Rockwell International has their schedule set for moving the module in February. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote to approve allocation of $2500 for construction of walkways and footings to accommodate placement of an Apollo Command and Service Module at Apollo Park from Reserve for Capital Projects Account #40-661 to Account #40-1-3935. Councilman Greene suggested that consideration be given to changing the name of the Rives School to coincide with the name of the park. AYES: 5 Council Members; Greene, Jennings, Miller, Jackman, Scotto It was moved by Councilman Jackman and seconded by Councilman Miller to take the Sidewalk Policy under submission. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to authorize advertising for proposals for the Operation of Tennis Pro Shop and Concession at Independence Parke Increased Green Fees at Rio Hondo Golf Course Councilman Greene asked about the size and location of the proposed starter shack, Council Minutes 12/14/76 -7- Mr. Neavill answered that the Recreation and Community Services Commission felt it should in no way attempt to designate the size or precise location, He said staff feels the City should master plan all further improvements to the Golf Course and is in the process of securing good base drawings in order to do the master plan. Councilman Greene requested consideration be given to adding a fee with the pro- posed increase to start a building fund for a new facility and banquet room. Mr. Neavill said two alternates could be considered for the clubhouse structure: One would be adding on to the northly side of the existing pro shop; the other would be a completely separate structure. Also included, he stated, is an operational matter where staff is exploring the possibility of the golf professional being responsible for the starting function and cart rentals and paying the City for these services. Mr. Neavill indicated the reason for the increase in revenue is to cover increasing costs. Discussion followed. It was moved by Councilman Miller, seconded by Councilman Greene, and passed by the following vote to approve the increase in green fees at Rio Hondo Golf Club effective January 1, 1977, and that the use of the funds be considered during this next year at budget time. AYES: 4 Council Members: Greene, Miller, Jackman, Scotto NOES: 1 Council Membero Jennings The Reciprocal Use of Facilities Agreement was withdrawn from the Agenda. Request for Tennis Lesson Rate Increase by Operator of Downey Independence Park Tennis Center Responding to questions, Mr. Neavill explained it is expected to be at least March 1st before the existing or new concessionaire would be in business; the current tennis pro is setting up a new schedule of lessons for the period of January 1st through February or March, and he would like to have the increase in effect with the new schedule of lessions. Further, he said, it is anticipated the existing tennis pro will submit his bid based on the increased rates. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to grant the request made by the operator of the Downey Independence Park Tennis Center for an increase in the rates for tennis lessons. Downey Christmas Parade It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to approve additional funds of $1,000 to the Downey Christmas Parade Committee for the 1976 parade. Responding to questions, Mr. Neavill said the additional funds are to cover increases in expenses for grandstands, restrooms, and judges fees. He noted copies of the Parade Committee's proposed budget is available. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Councilman Jennings referred to an incident occurring at the parade and asked that the City Ordinance be rescinded for one day to allow the Lions Club to hire their own vendors for the Christmas Parade. He asked that this be looked into for next year. It was moved by Mayor Scotto, seconded by Councilman Jennings, and passed by the fol- lowing vote to Reappoint Thomas H. Morton to the Southeast Mosquito Abatement_ District for a two-year period effective January 2, 1977. Councilman Jennings noted that most of the appointees to the Mosquito Abatement Dis- trict are elected officials, and he would request any Council Member desiring to serve be considered. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto The Southeast Juvenile Corridor Agreement was withdrawn from the Agenda. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to authorize and approve the transfer of $700 from Capital Project Fund 40-661 to Account No. 40-1-3935, to purchase the Bronze Dedication Plaque for Furman Park. (See amended motion.) It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to amend the previous motion to authorize and approve the transfer of $700 from Capital Pro- jact Fund 40-661 to Account No. 40-1-3936 to purchase the Bronze Dedication Plaque for Farman Park_ Council Minutes 12/14/76 -8- CITY MANAGER'S REPORT Mr. Thompson reported on the status of the County Service District Application which would permit cities to file an application through LAFCO to establish a County service district, under which the County would provide service to any unincorporated area. The costs, he said, would have to be met by the district being served, which could result i.n a tax reduction to cities. Mr. Thompson commented the League of California Cities and Independent Cities Association have been reviewing this, and the League is asking each. City to get behind the proposal. He pointed out that the cities contracting for services will be paying the County tax rate plus contract costs. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to approve the Application for County Service District. Mr. Thompson reported staff has had a meeting with the First Baptist Church repre- sentatives regarding Parking Lot No. 13; a proposal has been made to the Church based upon the appraisal price, together with a proposal that the lot be used for parking -- permit parking would be shifted to the west side, and a limitation of two-hour parking during business hours would be established. Discussion followed. Mr. Lake commented on Building Code requirements should the property be developed for something other than a parking lot. Further discussion was held regarding the purchase price and an agreement to ensure that the easterly portion of the lot will be retained for public parking without any pay- ment of lease moneys to the church or reimbursement of property taxes. It was moved by Councilman Miller, seconded by Councilman Jennings, and passed by the following vote to approve the purchase of Parking Lot No. 13 subject to an agreement between the parties. AYES: 4 Council Members: Greene, Jennings, Miller, Scotto NOES: 1 Council Member: Jackman Acquisition of Park and Southern California Water Companies Mr. Sorensen advised that he has been informed by the Counsel for both Park and Southern California Water Companies that the agreement in substance has been approved at the staff and attorney level. He pointed out there are some minor changes in the draft, one of which is relating to the matter of condemnation by the State and dispute with Park Water. Referring to page 26, Sub -section "C", Mr. Sorensen stated the changes to the agreement with Park Water provide that if the State abandons the Freeway system within eight years and returns the property to private ownership or private development, then the City would be obligated to make the payments of $92 for connection; also, there is a penalty provision in the event the City does not close escrow on February 20, 1977, it would be obligated to pay the per day premium until such time as the escrow is closed. Mr. Sorensen noted for information that the City is acquiring the water systems, ease- ments, and pumping rights. He further advised that both companies have agreed to the method of compensation, the method of transferring title, and agreed to the adjustment figures contained in the section relating to the actual account. Responding to questions, Mr. Sorensen said if the agreement is approved by all parties within the next week or ten days, it would be possible for the escrow to close on February 20th; it will also be neces- sary for Park and Southern California to get their rulings from the IRS. To avoid any penalties, he stated, there is a provision to purchase Park Water in the event Southern California Water is not ready to close escrow, and subsequent arrangements can be made with Southern California. Mr. Sorensen said the water companies have asked the City to adopt a resolution declaring that it would exercise its power of eminent domain if the sale falls through, but he has informed the water companies the City would not adopt such a resolution until it had a signed waiver agreement waiving claims or damages. He offered three courses of action available to the City Council; to either approve the agreement subject to certain conditions, set an adjourned regular meeting for next week, or wait until the next regular Council Meeting. Mr. Dan Conway, 11447 Samoline Avenue, representing Park Water Company, explained the company is in the process of preparing copies of all the easements as of the present time, they are approximately one-third of the way through, and they have been working on this almost a full week. Mr. Sorensen then mentioned since there is a statement in the agreement that Park Water would convey all of the easements, this would mean leaving until sometime prior to closing a submission of all the descriptions and review of descriptions to assure that the title of these things are conveyed to the City. Council Minutes 12/14/76 -9- Mr. Thompson indicated the City cannot advertise for the bond sale until the agree- ment is approved by the parties. Following discussion, an adjourned regular meeting was scheduled for 5:00 p.m., Decem- ber 22, 1976, in the Council Chamber of the Downey City Hall. It was noted the Downey Water Acquisition Board will be meeting on this tomorrow evening (December 15, 1976). Mr, Thompson explained he has a meeting with a representative of the City of Pico Rivera. He said the cities have been discussing the possibilities of Downey doing their maintenance. He requested a Council policy regarding whether staff should proceed on this, and if so, an agreement should be prepared for Council's approval. Questions were raised regarding the number of personnel and equipment necessary for Downey to provide this service and whether this would save the taxpayers some money. Councilman Jennings stated he feels strongly the City, by providing services to another city, would lessen its services to the City and departments. Mr. Thompson advised the City of Pico Rivera is willing to hire a complete task force to do the work so that it would not obligate Downey's personnel. Mr. Patton commented he has misgivings about the proposed service to Pico Rivera, but using a task force for preparing the input data to build the master files in preparation of an ongoing billing system would take some of the pressure off Downey's staff. ORAL COMMUNICATIONS Referring to the City Attorney's letter to the City Manager dated November 30, 1976, regarding the Southeast Area Animal Control Authority, Councilman Jennings questioned the authority of a member to vote for funds to commit his respective City Council to pay, when he may be a minority member of that Council who would not be in favor of it. Mr. Sorensen said he will re-examine the agreement. Councilman Greene suggested that two members of each City Council serve on the Authority. It was moved by Mayor Scotto, seconded by Councilman Greene, and passed by the follow- ing vote to appoint Councilman Jennings as representative and Councilman Greene as alternate to the Southeast Area Animal Control Authority. AYES: 4 Council Members: Greene, Miller, Jackman, Scotto ABSTAIN: 1 Council Member: Jennings At this time, the Staff was excused from the Council Meetin Councilman Jennings reported on legislation proposed at the National League of Cities Conference. Councilman Jennings then reported on the recent Century 105 Freeway meeting between the corridor cities, Supervisor Hahn, Assemblyman Tucker, State Senator Holden, managers of Automobile Club offices in the area, Caltrans representatives, and the Director of Trans- portation. He said the Director of Transportation has refused to take a stand on the freeway but has agreed to set up a conference between the corridor cities and Governor Brown. He commented further that the EIR has taken an abnormal length of time to prepare, and it is the consensus of opinion that Caltrans is holding up progress of the EIR so it will not be required to make a decision regarding whether or not to construct the freeway. Councilman Jennings advised that he brought back a tape recording from the National League of Cities meeting regarding contract computer services. Councilman Miller stated the Council's tape recorder and his calculator were stolen from his automobile. Councilman Jennings asked that funds be appropriated for another cassette recorder. The Council concurred. Mr. Thompson also requested a recorder. The City Clerk was requested to prepare a tabulation of the number of Downey residents signing the Petition regarding Police Department Salaries. Mayor Scotto commented on her attendance at a Police session of the National League of Cities Meeting on the subject of productivity measures. Mayor Scotto advised that the University of California at Irvine is having budget problems, and the employees have agreed to accept 80 percent of their salaries rather than be laid off.' At 12:10 p.m. Mayor Scotto recessed the meeting to 5:00 p.m., December 22, 1976, in the Council Chambers of the Downey City Hall to discuss Acquisition Agreement for Water Robert L. Shand, C ty Clerk -Treasurer Hazel Scotto, Mayor Council Minutes 12/14/76 -10-